Trusts, Estates & Probate

WA Specific

Washington Probate and Trust Litigation

Credits Available
Credit Status Total
Washington CLE Approved 6 Total
OnDemand
5 hours 59 minutes
Timothy Nault
David Shotwell
M. Geoffrey Jones
Hans Juhl
Jason Gray
With Timothy J. Nault from Randall | Danskin, P.S + 4 others
Recorded December 30, 2022
Product ID 95735

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Overview

Real-World Insights for Both Estate Litigators and Planners

Fiduciary problems, family dynamics, creditor issues, unclear estate plans . . . disputes can arise from many areas of trusts and estates. Do you know how to prevent fights, settle them efficiently, or move a case through court when litigation is unavoidable? Our seasoned faculty will provide you with practical instruction and tips on handling common controversies. From will contests to fiduciary litigation and more, don't miss this opportunity to build your skills - register today!

  • Learn how to handle will contests and trust fights, interpretation issues, and reformations.
  • Uncover the mechanics of proving or disproving undue influence/lack of capacity.
  • Find out when and how to remove a fiduciary.
  • Explore how to resolve disputes with accountings - or prevent them from happening in the first place.
  • Discover effective ways to settle disputes to avoid costly and protracted litigation.
  • Get a refresher on litigation procedures and rules you need to know.
  • Define who your client is to avoid conflicts of interest and other problems.

Abbreviated Agenda

  1. Wills and Trusts: Contesting, Interpreting, Reforming
  2. Testamentary Capacity and Undue Influence in Litigation
  3. Handling Claims Against Fiduciaries
  4. Disputing Accountings, Distributions, and Creditor Claims
  5. Settlement Tips
  6. Navigating Court Rules, Processes, and Procedures
  7. Applying Legal Ethics Rules and Guidelines

Related Topics

Product ID 95735

Credit Details

Credits Available
Credit Status Total
Washington CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Wills and Trusts: Contesting, Interpreting, Reforming

    1. Grounds and Procedural Aspects of Contests
    2. Pre- vs. Post-Mortem Will/Trust Contests
    3. Proving or Disproving Due Execution, Mistake, and Fraud
    4. Scrivener Responsibility and Liability
    5. Interpretation Issues and Proceedings to Construe Ambiguities
    6. Reforming to Reflect the Decedent's Probable Intent
    7. Reforming to Obtain Tax Objectives
    8. Red Flags and Avoiding Will and Trust Contests

  2. Testamentary Capacity and Undue Influence in Litigation

    1. Testamentary Capacity: Burden of Proof and Medical Evidence
    2. The Will as Evidence of Lost Capacity: Assessing Reasonableness of Provisions
    3. Key Evidence to Prove "The Existence and Exertion of Undue Influence" or Duress
    4. Using Medical and Other Witnesses
    5. Litigation Avoidance Tips for Estate Planners

  3. Handling Claims Against Fiduciaries

    1. Fiduciary Duties and Liabilities
    2. Contesting the Appointment
    3. Compelling a Fiduciary to Act
    4. How to Remove and Replace Trustees/PRs
    5. Actions for Breach of Fiduciary Duty
    6. Recent Fiduciary Litigation Cases
    7. Proactive Tips for Estate Planners

  4. Disputing Accountings, Distributions, and Creditor Claims

    1. Handling Disputes on Accountings
    2. Disputes Over Disbursements and Expenses; Sales of Assets
    3. Surcharge Actions
    4. Proving/Disproving a Right to Inherit
    5. Navigating Contested Creditor's Claims
    6. Best Practices for Preventing Disputes

  5. Settlement Tips

    1. Proactive Ways to Minimize Family Friction
    2. Tips for Dispute Resolution
    3. Mediating Trust and Estate Disputes
    4. Negotiating Settlement Agreement Provisions (With Samples)
    5. Anticipating Tax Consequences and Allocating Risk
    6. No-Contest Clauses and ADR

  6. Navigating Court Rules, Processes, and Procedures

    1. Do You Even Have a Case? Preparing for Litigation
    2. Trust/Estate Litigation vs. Civil Litigation Procedures
    3. Filing and Responding to the Suit: Jurisdiction and Pleadings
    4. Discovery, Depositions, and Examinations
    5. Motion Practice
    6. Evidence Rules and Admission Tips
    7. Trial and Appeals: Key Pointers
    8. Sample Documents and Checklists

  7. Applying Legal Ethics Rules and Guidelines

    1. Who is Your Client? Avoiding Conflicts
    2. Attorney's Fees and Costs
    3. Preserving Attorney-Client Privilege
    4. Zealously Representing Clients Without Disinheriting Them
    5. Ethical Issues Raised by Releases

Who Should Attend

This intermediate level online seminar is designed for attorneys and paralegals.

Speakers

Timothy J Nault
Timothy J.
Nault
Randall | Danskin, P.S
David B Shotwell
David B.
Shotwell
David Shotwell PLLC
M. Geoffrey G Jones
M. Geoffrey G.
Jones
Newton Kight LLP
Hans Juhl
Hans
Juhl
Ryan, Swanson & Cleveland, PLLC
Jason M Gray
Jason M.
Gray
Pinnacle Law PLLC
Speaker bio
Timothy J Nault

Timothy J. Nault

Randall | Danskin, P.S
Timothy Nault

is a litigator with the Spokane firm of Randall | Danskin, P.S. Mr. Nault generally practices in the areas of commercial law, trusts and estates, and real property. He also has experience handling a broad variety of litigation matters arising in eastern Washington, including class actions, municipal liability and appeals. Mr. Nault has represented the United States government, and counties and cities throughout the region. He clerked for then-Chief Judge Rosanna Peterson of the U.S. District Court for the Eastern District of Washington, before beginning his practicing career. Originally from Alaska, Mr. Nault can often be found exploring the great outdoors.

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Speaker bio
David B Shotwell

David B. Shotwell

David Shotwell PLLC
David Shotwell

is a solo practitioner in Spokane, Washington. He practices in the areas of elder law, asset protection, estate and personal care planning, probate, guardianships and Medicaid. Mr. Shotwell has more than ten years of experience, and offers home visits to his clients. He is a member of the Elder Law Section of the Washington State Bar Association. Mr. Shotwell is a frequent speaker at elder law events and senior center seminars. He speaks at CLE events for attorneys, educating other lawyers on best practices for estate planners throughout the state of Washington.

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Speaker bio
M. Geoffrey G Jones

M. Geoffrey G. Jones

Newton Kight LLP
M. Geoffrey Jones

is managing partner in the Everett firm of Newton Kight LLP. Mr. Jones has a general practice, concentrating primarily in the area of elder law and guardianships. His practice emphasizes probate, guardianship and estate planning, and other areas relating to elder law. Mr. Jones previously worked as an assistant attorney general for the Washington State Attorney General's Office in Olympia, where he represented several state agencies in civil matters, including the Department of Employment Security, the Department of General Administration, and the Department of Information Systems. Mr. Jones is a member of the Washington State Bar Association. He earned his B.A. degree from The Evergreen State College and his J.D. degree from the University of Oregon.

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Speaker bio
Hans Juhl

Hans Juhl

Ryan, Swanson & Cleveland, PLLC
Hans Juhl

brings a wide breadth of experience as a litigator and a trial attorney. He has successfully litigated both simple and complex trust and estate disputes, real property suits, catastrophic injury claims, major private and public construction claims, and a wide variety of commercial lawsuits. Mr. Juhl excels at presenting complex legal issues to his clients in a way that allows them to make decisions that support their objectives. He enjoys building relationships with his clients, and working collaboratively to craft case strategies as if each matter is going to trial, while striving to reach sensible and creative solutions to avoid litigation at every step. All things being equal, the better prepared party in litigation is going to achieve the better result. If it is not possible to settle your case by agreement, Mr. Juhl will tirelessly prepare your case and put you in a superior position to prevail at trial or arbitration, and present your case in the most compelling way possible to a judge, jury or arbitrator. He is a member of the Washington State Bar Association Real Property, Probate & Trust Section (member, Executive Committee); King County Bar Association Guardianship & Elder Law Section (member, Executive Committee); Washington State Association for Justice; and Washington State, Alaska and King County bar associations. Mr. Juhl earned his B.A. degree from Washington State University and his J.D. degree from Northeastern University School of Law.

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Speaker bio
Jason M Gray

Jason M. Gray

Pinnacle Law PLLC
Jason Gray

is an attorney with Smith + Malek. His practice focuses on estate planning, real estate law, and business law. In addition to his legal practice, Mr. Gray has taught classes at the Gonzaga University School of Law, and was an assistant professor in the paralegal program at North Idaho College. He is a former deputy attorney general for the State of Idaho, where he represented the Idaho State Police in contract negotiations, administrative proceedings, and civil forfeiture litigation. Prior to that, Mr. Gray served as a judicial law clerk to the Honorable Michael R. McLaughlin in the Fourth Judicial District of the State of Idaho. He earned his J.D. degree from the Gonzaga University School of Law, and is licensed to practice law in Idaho and Washington.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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